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  1. #1
    Join Date
    Jun 2016

    Default Car Had Significant Damage Not Disclosed or Observed Until After the Sale

    My question involves a consumer law issue in the State of: Ohio

    We just purchased a 2010 Ford Expedition EL in Ohio. We had discovered it online, call dealer, looked at car fax, pictures online. We drove to ohio from NH to pick up, as we were picking up new travel trailer in Syracuse on our way back. We got to dealer first thing when they opened, 9 am. kinda overcast cloudy. Salesman was there we took a test drive did a quick walk around. We noticed some buffs/ or scuffs in paint not noticed in the photos (even though i did ask for salesman to just identify any issues big or small so i would know beforehand) Finished sale and went to syracuse. When we got to syracuse it was now sunny and you could notice when the two rear quarter panels were replaced and upon further inspection, poorly. There is no way they couldn't have known about this. A dealership would easily be able to see the work. It also appears they photoshopped the photos online and didn't disclose anything to us before we left. I am aware this could be a risk but these seem like blatant acts of deception.

    What rights do we have. We are now in NH, we are taking it to a local Ford dealer to make sure car is safe and to see how much it would cost to fix correctly.

    I know that cars get into accidents, and i'm not opposed to owning this truck. But value is affected. We were lied to. I remember asking about truck and he just said it has a clean car fax. And didn't realize it at time, but he was always posturing himself so i didn't really see the worst affected area.

    I also understand that car fax isn't 100% accurate. But the dealership i would think would have to tell me of body work. I"m just really frustrated at this point. The truck does seem good mechanically, but i don't think this is going to be cheap to fix

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Car Had Significant Damage Not Disclosed or Observed Until After the Sale

    You went to the dealership, inspected the vehicle, found to be satisfactory, closed the sale and took it home. The idea that you were misled by photographs is not compelling under those facts. If changes of lighting make a difference in whether or not the repairs can be noticed, then odds are they're not very noticeable and odds are the pictures reflect the fact that they're not very noticeable. Speculation that the photographs were photoshopped is not evidence, nor does it overcome the fact that you saw and inspected the vehicle before closing the sale.

    As for the statement that the vehicle had a clean CarFAX, it either did or it didn't. If you are confirming that the CarFAX was clear, then you were given a true statement. CarFAX reports include disclaimers that not all incidents are included. However, if the dealership knew about the damage, and if the retail cost of repair exceeded 6% of the vehicle's MSRP, the dealership was required to inform you of the damage. See OAC 109:4-3-16(B)(14);2.

    If in fact the vehicle was incorrectly repaired, you can inquire with the dealership about what they might do for you. Their answer could be anything from "Nothing, you bought the car as-is", to "Bring it in and we'll see what we can do", to an offer to contribute some portion of the repair cost. You won't know until you ask.

  3. #3
    Join Date
    Jul 2015

    Default Re: Car Had Significant Damage Not Disclosed or Observed Until After the Sale

    You say you were lied to. Can you identify for us what lie you were told? Did they represent to you that there had never been any body damage and repairs? Barring an outright warranty, if you had an opportunity to inspect the car and did not see a problem that caused you enough concern not to buy it, on what basis would you be able to prove that someone else saw what you did not see? If the poor workmanship is truly something that is so obvious that "There is no way they couldn't have known about this" then how is it that you could not see what you believe they must have seen?

    Not picking on you, but that's how an unbiased disinterested person would view this. When you are given ample opportunity to inspect and evaluate a car, that negates any obvious problems. Now, if you find that they put sawdust in the differential that's another story, but this is surface stuff.

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